Judge Throws Out Suit Againt Lane

Myers Claimed He Was Fired Illegally

KISSIMMEE — A state circuit judge dismissed a lawsuit Tuesday accusing Sheriff Jon Lane of illegally firing one of his top commanders.

Judge James Stroker's ruling tosses out the suit filed July 24 by former Cmdr. Mike Myers.

Myers was fired April 26 for ''empire building.'' Myers contended in the suit that he was fired after telling Lane's lawyers about alleged wrongdoing and illegal activity by the sheriff.

''It was clear to me that this suit and other actions were politically motivated,'' Lane said Tuesday.

Myers, who is unemployed, said he wasn't totally surprised by the ruling.

''I really hate it in one sense,'' said the former 12 1/2-year veteran officer. ''It is going to tell a lot of people to keep your mouth shut if you're going to work for the sheriff.''

But Lane said the ruling vindicates his efforts to root ''good old boys'' from the sheriff's office.

''I will not allow anyone to establish 'good-old-boy' networks at the expense of the protection of the people of Osceola County,'' Lane said Tuesday. ''Management decisions I take to achieve that goal may be unpopular with some people, but I will continue to do what is necessary to provide effective law enforcement.''

Stroker's ruling prohibits Myers from suing Lane on the same issue in local courts, but Myers' attorney vowed to appeal to the federal courts.

''The bottom line is this: There will come a day of reckoning for the sheriff,'' attorney Frank Kruppenbacher said. ''The sheriff fired Mike Myers because he was prepared to tell the truth. And he will be held accountable for it.''

The suit was based on Lane's unsuccessful attempt to fire Myers' friend, Lt. Jerry Walters, earlier this year.

Walters was accused of making crank calls to Lane's pager and the home phone of a female deputy who was a friend of Lane's. After three nights of hearings, including testimony backing Walters' claims that he was framed, Lane dropped the case and rehired Walters.

Myers alleged he was ordered by Lane to meet with the sheriff's attorneys April 4, in the midst of the Walters hearings. According to the suit, Myers told the attorneys that Lane conducted illegal activity within the department, committed perjury in his efforts to fire Walters, and failed to follow departmental procedure in the termination, the suit says.

Myers alleged that within 2 1/2 hours of his meeting with the attorneys, Lane came to his office and said he would ''pass judgment'' on him when the Walters hearing was over. Lane, according to the suit, told other deputies that Myers would be fired at the end of the Walters hearing.

On April 26, Myers was fired for ''empire building.''

''As we have discussed in the past, there is no room for personality cults, private empires or politics by the employees under my authority,'' Lane wrote at the time.

Stroker's ruling states that Myers was not shielded from the firing under Florida's 1986 Whistle-Blowers statute.

Myers' statements to Lane's attorneys did not qualify for whistle-blower status, the judge said, because they were not delivered to an agency authorized to investigate the sheriff; were not made during an official investigative proceeding; and were not sworn statements.

Kruppenbacher said he was not surprised by the ruling. He said the suit was filed in the local courts for expediency.

''If this claim could've been made, this would have gotten him back his job and back pay quickest,'' Kruppenbacher said. ''Now we'll head to the federal courts, where, unfortunately, it will take a lot longer, but we'll also seek damages.''

Lane's lawyer, John C. Cooper of Tallahassee, said he was not concerned about the potential federal lawsuit.

''Anybody with a typewriter and checkbook can file a lawsuit with the federal courts. We'll still prevail on the issues,'' Cooper said.